DRC-2020-018602 - 0901a06880d848f7

ENERGY FUELS
November 12, 2020
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, CO, US, 80228 303 974 2140
DRC-21020-01/3602_ www.energyfuels.com
Div of Waste Mannlement
and Radiation Control
NOV 1 6 2020
Sent VIA OVERNIGHT DELIVERY
Mr. Ty L. Howard
Director
Division of Waste Management and Radiation Control
Utah Department of Environmental Quality
195 North 1950 West
Salt Lake City, UT 84116
Re: Compliance Evaluation; Notice of Violation: Radioactive Materials License Number
UT1900479
Dear Mr. Howard:
This letter responds to the Notice of Violation ("NOV"), received by Energy Fuels Resources (USA) Inc.
("EFRI") on October 20, 2020, which lists a violation of the Utah Radiation Control Rules based on an
inspection of the White Mesa Mill (the "Mill") conducted by representatives of the Division of Waste
Management and Radiation Control ("DWMRC") on October 5 - 6, 2020.
The NOV requires EFRI to provide a written response within 30 days after receipt of the Notice,
including:
• The corrective actions which have been taken and the results achieved;
• The corrective steps which have been taken to prevent recurrence; and
• The date full compliance will be achieved.
The specific violation listed in the NOV and EFRI' s response is discussed below.
Violation
An inspection of the licensee's activities was conducted on October 5 & 6, 2020. As a result of the
inspection, a violation of the Utah Administrative Code (Radiation Control Rules) was identified. The
particular violation is set forth below:
R3134 5-501 (1 )(b) states in part "Each licensee or registrant shall make, or
cause to be made, surveys of areas, ... Are reasonable under the circumstances to
evaluate: The magnitude and the extent of radiation levels; and
R313-15-1103 states in part "Each licensee or registrant shall maintain records
showing the results of surveys ... "
Letter to Mr. Ty L. Howard
November 1 2, 2020
Page 2
Contrary to this requirement, Radiation Safety Technicians (RSTs) at the Mill have
been petforming radiological surveys of vehicles being released from the restricted
area; however, not all of the RSTs have been documenting the results of the
radiological surveys on the Licensee's "Daily Vehicle Scan for Vehicles Leaving
the Restricted Area" survey sheets. The inspector documented that on September
15, 2020 at the West Gate vehicle number C0158CVQ a radiological survey was
pelformed to release the vehicle from the restricted area but the results were not
documented. Upon further investigation of the records review, additional surveys
from 2020's "Daily Vehicle Scan for Vehicles Leaving the Restricted Area" survey
sheets were found that were missing survey results.
This violation has been characterized as Severity Level IV. The base penalty for
this Severity Level is $1,500.00. However, there is no civil penalty assessed for this
violation because this is the first instance this violation has been documented.
EFRI Response
This is a case of improper training of our RSTs. The requirement to record all scans out of the
restricted area regardless of the perceived absence of risk, is so basic, that the failure of the Mill's RSTs
to understand this requirement falls on improper training of the RSTs. Secondarily, the RSO and
Assistant RSO failed to have in place systems to periodically review scan sheets to ensure that they
have been properly completed. The requirement to ensure that no person or object leaves the restricted
area at any time without having been properly scanned is so fundamental to the Mill's license and
regulatory requirements that proper reviews of these activities is an important element of the Mill's
radiation safety program.
The Daily Vehicle Scan for Vehicles Leaving the Restricted Area forms are used to document scans of
non-haulage vehicles exiting the restricted area through the west gate. Non-haulage vehicles include,
but are not limited to, Personally Owned Vehicles ("POVs"), United Parcel Service ("UPS") trucks,
Fed Ex trucks, delivery vehicles (auto parts, tires, hardware etc.) and contractor vehicles (repair
personnel, sampling personnel, etc.). While onsite at the Mill, these vehicles travel using clean gravel
throughways and, while in the restricted area, do not travel in or to areas of potential contamination or
exposure prior to leaving through the west gate. In contrast, any vehicle traveling to areas of potential
exposure or contamination are released through the east gate after decontamination in one of the
decontamination pads. All haul trucks used for the delivery of Mill feed are required to exit the facility
through the east gate after the completion of the decontamination/scan procedures. There is very little
potential for any of the vehicles for which the scans were not documented to exceed the free release
criteria specified in the Mill's Standard Operating Procedures ("SOPs") or the required regulations.
Further, it is important to note that while the successful scans were not documented, in the unlikely
event that a failed scan occurred, immediate response actions would have been implemented, including
routing the vehicle to the decontamination pad and re-scanning after the decontamination process. The
response actions would be completed and documented prior to release.
Nevertheless, despite there being very little possibility for vehicles to be inappropriately released, EFRI
considers the missed documentation significant, particularly given the failure of the Mill' s RSTs to
understand the importance of documenting all scans out of the restricted area, regardless of the
perceived lack of risk of radiation contamination. Immediately following the DWMRC inspection on
October 5 - 6, 2020, the Mill implemented corrective actions to address the lack of proper training, the
Letter to Mr. Ty L. Howard
November 12, 2020
Page 3
missing documentation and the lack of supervisory reviews of scanning-out documentation.
Specifically, the Mill:
a. Completed re-training on October 6, 2020, (see Attachment A),
b. Changed the order of operations for vehicle scans as described below, and
c. Now collects and reviews the scan forms daily to verify documentation is complete.
Root Cause of Noncompliance
The Mill's Radiation Safety Officer ("RSO") reviewed the process for non-haulage vehicle releases in
place at the time of the NOV, and noted that the RST on duty is responsible for recording the vehicle
license number and state, and company name on the departing vehicle on the form in the gate house.
Upon recording the information, the RST would leave the gate house and complete the survey, as
required. The RST was then required to return to the gate house and document the scan results. The
missing documentation of scans occurred when the RST failed to return to the gate house to record the
scan results; the completion of the first two steps is not in question.
The root cause of this noncompliance is improper training of the Mill's RSTs. The RSTs should have
known better than to believe that a requirement to scan out of the Mill's restricted area would not need
to be properly recorded. Secondarily, the RSO and Assistant RSO failed to have in place systems to
periodically review scan sheets to ensure that they have been properly completed. This is considered
secondary, because it should go without saying that every scan out of the Mill's restricted area needs to
be properly recorded. The fact that the delivery trucks in question had very little risk of leaving the
Mill's restricted area without meeting the free release criteria specified in the Mill's SOPs or the
required regulations, is irrelevant. The fact that the Mill's RSTs failed to understand this and that there
were inadequate supervisory reviews is relevant.
Corrective Actions Which Have Been Taken and the Results Achieved
The steps for non-haulage vehicle release have been reordered to address the inadvertent failure to
completely document release scans. The previous steps in the process are described above. The
reordered process is as follows:
1. Scan the vehicle as described in the Radiation Protection Manual, Section 6.
2. Enter the gate house, pick up the clipboard with the correct forms. Record the scan results,
vehicle license number and state, and company.
The new procedure has resulted in no incidents of missed documentation since re-training was
completed on October 6, 2020.
Corrective Steps Which Have Been Taken to Prevent Recurrence
The Mill has changed its RST training program to place more emphasis on the fundamental need to
record the results of all scans and measurements, regardless of the perceived risk of the activity being
scanned or measured. The Radiation Protection Manual ("RPM") has been revised (Section 7 of the
RPM) to include a training for documentation completion. Section 7 of the RPM is included as
Attachment B to this response. In addition, the Mill has added the following procedure to further
prevent a recurrence of this particular violation. Each morning the RSO or his designee collects the
previous day's scan documents from the gate house. The scan documents are reviewed for
Letter to Mr. Ty L. Howard
November 12, 2020
Page 4
completeness. If any incomplete records are discovered the Mill personnel who did not complete the
records will be contacted immediately for re-training, or other personnel disciplinary action as required.
Date Full Compliance Will Be Achieved.
Compliance was achieved on October 6, 2020. There have been no incidents of incomplete
documentation since that date.
If you should have any questions regarding this report please contact me.
Yours very truly,
ENERGY FUELS RESOURCES (USA) INC.
Kathy Weinel
Quality Assurance Manager
CC: Scott Bakken
Dave Frydenlund
Julia Hoffmeier
Garrin Palmer
Logan Shumway
Terry Slade
ATTACHMENT A
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Training Attendance Record
Date 10 - Instructor
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Full Name

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Job Classification

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ATTACHMENT B
REDLINE
White Mesa Mill — Standard Operating Procedures
SOP PBL-RP-7
Book 9: Radiation Protection Manual, Section 7
Date: 11/10/2020 Revision: EFR 01
Page 1 of 1
1.0 TRAINING AND DOCUMENTATION
The radiation protection program at the Mill consists of several layers of controls to ensure conditions are
maintained As Low As Reasonably Achievable ("ALARA") and to achieve corporate and regulatory
agency compliance. The radiation protection program is documented in this Radiation Protection Manual
("RPM").
Radiation Safety Technicians ("RSTs") receive training to complete the monitoring activities in this
manual. The training consists of a combination of procedural review as well as hands on training with
meters and instrumentation associated with Sections 1 through 6 of this RPM. In addition to technical
training, RSTs receive training on the documentation of radiation protection program activities. The
documentation training applies to all activities contained in this RPM and is detailed below.
1.1 DOCUMENTATION
The importance of documenting accurately and clearly cannot be over emphasized. The documentation of
results from scans and procedures completed by the RST, and the review of such is fundamental to EFRI' s
license and regulatory requirements.
1.2 GUIDELINES FOR DOCUMENTATION
The first step in establishing accurate information is ensuring that all information pertaining to a procedure
or scan is collected and accurately recorded. EFRI has established SOPs to maintain compliance to
regulatory requirements. Attached to the SOP are forms to help in gathering all information needed to fulfill
the requirements. The RST is required to make sure the form being used is the most current revision in the
SOP. Notify the RSO if the most current version is not being used and discard all versions of old form
when an SOP is updated.
After it has been verified that the correct form is being used for a survey, the RST will complete the survey
and document the findings on the form. All spaces on the form should be completed. If there is no
information for a space enter either a dash, NA, or some indication why the space was left blank. Double
check your work. The procedure or scan is not complete until all information is recorded.
RPM forms are collected and reviewed by a designated RST on a set frequency. During the reviews the
forms are checked for completeness, clarity, and accuracy. The RST picking the forms up checks them and
then initials the form after the review. The RST initial indicates that the form is complete. If the RST finds
incomplete forms the issue is forwarded to the RSO or designee for resolution.
In addition to the RST reviews, the RSO or designee reviews the forms for completeness and accuracy on
a monthly basis.
1.3 RSO REVIEWS
From observation, most errors occur when the RSTs are split between several tasks that occur
simultaneously. It is important that the RSO routinely observes the RST during surveys to ensure the SOPs
are being followed accurately and to give suggestions for improvements on the scanning process. Annual
observations by the RSO of the RSTs performing the tasks in the RPM, are also required. More frequent
observations may be performed if needed as indicated by the above referenced documentation reviews.
CLEAN
f
White Mesa Mill — Standard Operating Procedures
SOP PBL-RP-7
Book 9: Radiation Protection Manual, Section 7
1.0 TRAINING AND DOCUMENTATION
Date: 11/10/2020 Revision: EFR 01
Page 1 of 1
The radiation protection program at the Mill consists of several layers of controls to ensure conditions are
maintained As Low As Reasonably Achievable ("ALARA") and to achieve corporate and regulatory
agency compliance. The radiation protection program is documented in this Radiation Protection Manual ("Rpm").
Radiation Safety Technicians ("RSTs") receive training to complete the monitoring activities in this
manual. The training consists of a combination of procedural review as well as hands on training with
meters and instrumentation associated with Sections 1 through 6 of this RPM. In addition to technical
training, RSTs receive training on the documentation of radiation protection program activities. The
documentation training applies to all activities contained in this RPM and is detailed below.
1.1 DOCUMENTATION
The importance of documenting accurately and clearly cannot be over emphasized. The documentation of
results from scans and procedures completed by the RST, and the review of such is fundamental to EFRI' s
license and regulatory requirements.
1.2 GUIDELINES FOR DOCUMENTATION
The first step in establishing accurate information is ensuring that all information pertaining to a procedure
or scan is collected and accurately recorded. EFRI has established SOPs to maintain compliance to
regulatory requirements. Attached to the SOP are forms to help in gathering all information needed to fulfill
the requirements. The RST is required to make sure the form being used is the most current revision in the
SOP. Notify the RSO if the most current version is not being used and discard all versions of old form
when an SOP is updated.
After it has been verified that the correct form is being used for a survey, the RST will complete the survey
and document the fmdings on the form. All spaces on the form should be completed. If there is no
information for a space enter either a dash, NA, or some indication why the space was left blank. Double
check your work. The procedure or scan is not complete until all information is recorded.
RPM forms are collected and reviewed by a designated RST on a set frequency. During the reviews the
forms are checked for completeness, clarity, and accuracy. The RST picking the forms up checks them and
then initials the form after the review. The RST initial indicates that the form is complete. If the RST finds
incomplete forms the issue is forwarded to the RSO or designee for resolution.
In addition to the RST reviews, the RSO or designee reviews the forms for completeness and accuracy on
a monthly basis.
1.3 RSO REVIEWS
From observation, most errors occur when the RSTs are split between several tasks that occur
simultaneously. It is important that the RSO routinely observes the RST during surveys to ensure the SOPs
are being followed accurately and to give suggestions for improvements on the scanning process. Annual
observations by the RSO of the RSTs performing the tasks in the RPM, are also required. More frequent
observations may be performed if needed as indicated by the above referenced documentation reviews.